Federal Air Marshal Service

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The Federal Air Marshal Service (FAMS) is a law enforcement agency of the United States federal government. The Air Marshal service is meant to promote confidence in civil aviation by effectively deploying agents to detect, deter, and defeat hostile acts targeting U.S. air carriers, airports, passengers, and crews. [1] FAMs are law enforcement agents of the federal government.

Because of the nature of their occupation, Federal Air Marshals (FAMs) often operate independently without backup. As officers, they are required to maintain one of the highest standards for handgun accuracy. [1] A FAM's job is to blend in with other passengers on board aircraft and rely heavily on their training, including investigative techniques, criminal terrorist behavior recognition, firearms proficiency, aircraft specific tactics, and close quarters self-defense measures to protect the flying public. [1]

Contents

[edit] History

The Federal Air Marshal Service began in 1968 as the Federal Aviation Administration’s (FAA) Sky Marshal Program. In 1985, President Ronald Reagan requested the expansion of the program and Congress enacted the International Security and Development Cooperation Act, which provided the statutes that support the Federal Air Marshal Service.

Air Marshals were originally designated as US Customs Security Officers assigned by order of President John F. Kennedy on an as-needed basis, and later were specially trained FAA personnel [1].

On September 11, 2001, the Federal Air Marshal Service consisted of only 33 FAMs.[2] As a result of the 9/11 attacks, President George W. Bush ordered the rapid expansion of the Federal Air Marshal Service. Many new hires were agents from other federal agencies, such as the U.S. Customs Service, Drug Enforcement Administration, U.S. Postal Inspection Service [2]. A classified number of applicants were hired, trained, and deployed on flights around the world. As of August, 2006, this number is estimated to be in the thousands.[3] Currently, these FAMs serve as the primary law enforcement entity within the Transportation Security Administration (TSA).

On October 16, 2005 Homeland Security Secretary Michael Chertoff officially approved the transfer of the Federal Air Marshal Service to TSA as part of a broader departmental reorganization to align functions consistent with the Department of Homeland Security (DHS) "Second Stage Review" findings for:

  1. consolidating and strengthening aviation law enforcement and security at the Federal level;
  2. creating a common approach to stakeholder outreach; and
  3. improving the coordination and efficiency of aviation security operations.

As part of this realignment, the Director of the Federal Air Marshal Service also became the Assistant Administrator for the TSA Office of Law Enforcement (OLE), which houses nearly all TSA law enforcement services. This integration of TSA law enforcement functions focuses resources on homeland security priorities and strengthens the synergies of core TSA missions.

TSA is proposing to expand the use of Federal Air Marshals within the entire public transit sector. In a pilot program announced in December 2005 the TSA stated they will implement a program to have air marshals cover buses, light rail, passenger rail systems and ferries across the country.[4]

[edit] Organization

  • Assistant Administrator/Director of FAMS: Dana A. Brown
  • Deputy Director of FAMS
  • Assistant Director, Office of Field Operations
    • Deputy Assistant Director, Eastern Region (11 Field Offices)
    • Deputy Assistant Director, Western Region (10 Field Offices)
  • Assistant Director, Office of Flight Operations
    • Transportation Security Operations Center
    • Systems Operations Control Division/FAMS Mission Operations Center
    • Investigations Division
    • Liaison Division
    • Flight Programs Division
    • Emergency Preparedness Division
  • Assistant Director, Office of Training & Development
    • Training Management Division
    • Federal Air Marshal Training Center (New Jersey & New Mexico)
    • Infrastructure Support & Development Division
    • Explosives Division
  • Assistant Director, Office of Security Services & Assessments
    • Office of Security
    • Office of the National Explosives Detection Canine Team Program
    • Security Assessments Division
  • Assistant Director, Office of Mission Support
    • Human Resources Division
    • Management & Organization Division
    • Management Operations Division
    • Operational Procedures Division

[edit] Training

Federal Air Marshals go through an intense, two-phase training program. The first phase of the program is a seven-week basic law enforcement course. This training is completed at the Federal Law Enforcement Training Center in Artesia, New Mexico; Air Marshals also receive follow-on training at the William J. Hughes Technical Center in New Jersey. Their training is tailored to the role that the Federal Air Marshals will be performing while on the job. Some of the specific areas covered in this training include constitutional law, marksmanship, physical fitness, behavioral observation, defensive tactics, emergency medical assistance, and other law enforcement techniques.

The second phase trains the candidates for tasks that they will be expected to carry out in the field. This training places an emphasis on perfecting the marksmanship skills of the candidates; a necessity of the job due to the tight confines of an aircraft, as well as the number of bystanders. Candidates that successfully complete this training will be assigned to one of 21 field offices, where they will begin their missions.

[edit] Equipment and Practices

The Air Marshals may be deployed on as little as an hour's notice and at high risk locations.[2] Undercover Air Marshals were deployed on flights in and out of New Orleans during Super Bowl XXXVI in 2002; flights coming near Salt Lake City during the 2002 Winter Olympics; and cities visited by President George W. Bush while he is in town.[5]

Air Marshals also board the aircraft before other passengers to scan the aircraft for weapons and explosives. Federal Air Marshals carry the SIG-Sauer P229 service pistol in a .357 SIG chambering.[3] Each magazine of the pistol carries 12 rounds. As noted above, Air Marshals must be re-certified on their firearm quarterly. According to an anonymous Air Marshal, they are trained to "shoot to stop", typically firing at the largest part of the body (the chest) and then the head to "incapacitate the nervous system".[6]

Under the service's original dress code policy, Air Marshals were required to conform to a strict dress code, well-shaved and with a conservative haircut. Air Marshal Frank Terreri of the Federal Law Enforcement Officers Association (FLEOA) successfully sued senior executives of the Department of Homeland Security complaining that policies prevented Air Marshals from speaking out that current policies such as their strict dress code, "Federal Air Marshal discount" mandatory grouping hotel policy, airport policies that force Air Marshals to walk up security checkpoint exit lanes, and priority aircraft pre-boarding before handicapped passengers and passengers flying with small children make Marshals easy targets for any possible hijackers, making them stand out as the government agents concealing firearms, and thus eliminating their effectiveness.[7] A policy change in August, 2006 allows Air Marshals to wear whatever clothing they want and stay at any hotel to protect their anonymity.[8], but current Director Dana A. Brown continues to enforce the policies that mandate FAMs to both walk through security checkpoint exit lanes and pre-board aircraft in full view of general passengers in the terminal.[9]

[edit] FAMS under Immigration and Customs Enforcement

Budgeting issues within the TSA created tension between funding for airport screeners versus the FAMS, and in time the FAMS was realigned to Immigration and Customs Enforcement (ICE). The reasoning was that the FAMS could be re-designated as Criminal Investigator/Special Agents and would have a career path. ICE also had an investigative division with Special Agents specializing in investigating immigration and customs violations. Those immigration and customs agents would be cross trained to serve as supplemental FAMS in the event of a national emergency or in response to intelligence requiring additional marshals on flights.

Ultimately, one of Asa Hutchinson's final decisions before resigning as head of DHS's Border and Transportation Security Directorate was the issuance of a memorandum determining that Air Marshals would not also be ICE Special Agents. In 2005, Homeland Security Secretary Michael Chertoff conducted a second-stage review of DHS' organization and ordered the FAMS to be moved from ICE and back to the TSA. The move to TSA was effective October 1, 2005 [4].

[edit] Incident involving Rigoberto Alpizar

Main article: Rigoberto Alpizar

On December 7, 2005 Federal Air Marshals shot and killed 44-year-old U.S. citizen Rigoberto Alpizar, a passenger of American Airlines Flight 924, on a boarding bridge at Miami International Airport.[5]

According to initial media reports of the incident, a fight broke out between Alpizar and his wife, [10] after which Alpizar suddenly ran up the aisle from the back of the plane. Lonny Glover, national safety coordinator for the Association of Professional Flight Attendants, said: "As the man came forward it was obvious that he was upset ... That's when one of our attendants at the front of plane told him, 'Sir, you can't leave the plane.' His response, she said, was 'I have a bomb.' It was at that point that the air marshals gave up their cover and pursued him out the door and up the jet bridge.[6]

On December 8, 2005, White House spokesman Scott McClellan said that the President was satisfied that air marshals acted appropriately in the Alpizar shooting.

[edit] Sensitive Security Information (SSI)

Sensitive Security Information (SSI) is a label used for unclassified information that could compromise aviation safety. [11]

On July 29, 2003, the FAMS Agency Executive Vice President for the Federal Law Enforcement Officers Association (FLEOA), FAM Robert MacLean, disclosed that the FAMS planned to remove air marshals from long haul flights in order to avoid the cost of an overnight hotel stay. [12] The plan was ordered when TSA was faced with a budget shortfall and right after DHS issued a July 26, 2003 warning that terrorists were planning to smuggle weapons onboard aircraft leaving the U.S. east coast, United Kingdom, Italy, and Australia and hijack them. After Congressional outrage, the plan was canceled before going into effect. This plan was at odds with the Aviation and Transportation Security Act (ATSA), whose Section 105 states that "Deployment of Federal Air Marshals... [on] nonstop, long distance flights, such as those targeted on September 11, 2001, should be a priority." [13]

MacLean was fired for "Unauthorized Disclosure of Sensitive Security Information (SSI)" as a result of his whistleblower disclosure. [14] He is challenging this charge in the U.S. Circuit Court of Appeals. He claims that his termination was a retaliatory act in violation of the Whistleblower Protection Act (WPA) [15]and a spending ban in appropriations law, commonly known as the Anti-Gag Statute.

[edit] References

  1. ^ a b c Federal Air Marshals. Retrieved on 2006-10-29.
  2. ^ a b "Air marshals grounded over 'security'", news.bbc.co.uk, 2003-06-23. Retrieved on 2006-08-25.
  3. ^ Charles, Deborah. "Air marshals to go native; dress code relaxed", news.yahoo.com, 2006-08-25. Retrieved on 2006-08-25.
  4. ^ US Security Teams to Patrol Train, Bus, Subway Stations. VOAnews.com (2005-12-14). Retrieved on 2006-08-25.
  5. ^ a b "Shooting Puts Air Marshals in Spotlight", Associated Press, 2005-12-08.
  6. ^ a b Thomas Frank, Mimi Hall & Alan Levin. "Air marshals thrust into spotlight", USA Today, 2005-12-08. Retrieved on 2006-08-25.
  7. ^ Federal Air Marshal Association PDF (2004-09-24). FAMA Press Release. FAMS Director Refuses No Cost Changes Enhancing Aviation Security. Retrieved on 2006-08-25.
  8. ^ DHS Gets Rid of Dress Code, Hotel Regulations for Air Marshals. Associated Press (2006-08-25).
  9. ^ Air Marshals Denied Boarding After Altercation With Flight Crew. ABC News (2006-11-15).
  10. ^ Quijano, Elaine et al.. "White House backs air marshals' actions", CNN.com, 2005-12-09. Retrieved on 2006-08-25.
  11. ^ GAO-05-677 Report on SSI. The U.S Government Accountability Office (2005-06-29).
  12. ^ Memo Warns Of New Plots To Hijack Jets. The Washington Post (2003-07-30).
  13. ^ Section 105 of the Aviation and Transportation Security Act. The Library of Congress (Thomas) (2001-11-17).
  14. ^ Ex-air marshal to sue over 'SSI' label. The Washington Times (2006-10-30).
  15. ^ Whistleblower Protection Act. U.S. Office of Special Counsel (2006-11-30).

[edit] See also

[edit] External links

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